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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1688 By: McEntire
COMMITTEE SUBSTITUTE
An Act relating to public health and safety; amending
63 O.S. 2021, Section 1 -133, as amended by Section 2,
Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022, Section
1-133), which relates to state -designated entity for
health information exchange ; adding a definition; and
providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -133, as
amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 1-133), is amended to read as follows:
Section 1-133. A. As used in this section:
1. "Health information exchange" means the electronic movement
of health-related information among organizations according to
nationally recognized standards for purpos es including, but not
limited to, payment, treatment, and administration; and
2. "Health information exchange organization" means an entity
whose primary business activity is health information exchange and
which is governed by its stakeholders.; and
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3. "Oklahoma Health Care Transparency Initiative", means an
initiative to create a database including ongoing all-payer claims
database projects that receive and store data from a su bmitting
entity relating to medical, dental, pharmaceutical, and other
insurance claims information, unique identifiers, and geographic an d
demographic information for covered individuals as permitted in this
section, and provider files.
B. The State of Oklahoma:
1. Shall designate a health information exchange organization
as the state-designated entity for health information exchange;
2. Shall establish a transition plan to ensure continued
operation of the health informati on exchange; and
3. May temporarily serve as the state-designated entity as part
of the transition plan described in paragraph 2 of this subsection.
C. Beginning July 1, 2023, a ll health care providers as defined
by the rules promulgated by the O klahoma Health Care Authority Board
and who are licensed by and located in t his state shall report data
to and utilize the state-designated entity. The Office of the State
Coordinator for Health Information Exchange may, as provided by
rules promulgated by the Board, allow exemptions from the
requirement provided by this subsection on the basis of financial
hardship, size, or technological capability of a health care
provider or such other bases basis as may be provided by rules
promulgated by the Board.
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D. 1. A person who participates in the services or information
provided by the state-designated entity shall not be liable in any
action for damages or costs of any nature that result solely from
the person's use or failure to use information or data from the
state-designated entity that was entered or retrieved under relevant
state or federal privacy laws, rules, regulations, or policies
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996.
2. A person shall not be subject to antitrust or unfair
competition liability based on participation with the state-
designated entity as long as the participation provides an essential
governmental function fo r the public health and safety and enjoys
state action immunity.
E. A person who provides informat ion and data to the state-
designated entity retains a property right in the information or
data, but grants to the other participants or subscribers a
nonexclusive license to retrieve and use that information or data
under relevant state or federal privacy laws, rules, regulations, or
policies including, but not limited to, the Health Insurance
Portability and Accountability Act of 1996.
F. Patient-specific protected health information shall only be
disclosed in compliance with relevant state or federal privacy laws,
rules, regulations, or policies including, but not limited to, the
Health Insurance Portability and Accountability Act of 1996.
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G. The Oklahoma Health Care Transparency Initiative shall be
administered by the state -designated health information exchange.
H. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7931 LRB 03/02/23